ACHOR, J.
This is an appeal by the State of Indiana from an order of the Rush Circuit Court sustaining a motion to discharge the appellee, which motion to discharge was based upon Article 1, Section 12 of the Indiana Constitution as implemented by Acts 1905, ch. 169, § 220, p. 584 [§ 9-1403, Burns' 1956 Repl.], commonly known as the three-term statute.
The circumstances pertinent to the discharge are as follows:
On April 29, 1960, appellee...
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